a "home school" is not a "nonpublic school" for state special education benefits, nor a "private school" for
federal special education benefits, the denial of speech and language benefits to [the homeschool child]
was a violation of equal protection. Because [the homeschool child] was willing to come to the public school
to receive the therapy in a group setting, and since the public school was already providing services on
public school premises to private school students, there was no rational basis for treating him differently
from private schoolers who would receive those same services.

This case involves a Missouri family of a special needs child who removed their child from public school due to alleged
lack of services. The school attempted to force evaluation of the child despite the parent's refusal
to agree to testing.

In August 2004, a federal district court upheld the school's right to testing for this child. In 2006, the Eighth Circuit reversed the decision and ruled that a public school may not interfere with a parent's choice to provide special education services to their child in a homeschool setting.

States have discretion to determine whether home education constitutes an IDEA- qualifying educational environment. We also hold that the school district's policy of limiting IDEA funds to institutional schools does not unconstitutionally offend equal protection principles or infringe on the parents' liberty interest in guiding their child's education.

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